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SAILOR MUSIC v. GAP STORES, INC.

No. 394, Docket No. 81-7543.

668 F.2d 84 (1981)

SAILOR MUSIC, Wow and Flutter Music, Quackenbush Music, Ltd., WB Music Corp., Jobete Music Co., Inc., Black Bull Music, Inc., and Gladys Music, Plaintiffs-Appellees, v. The GAP STORES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 30, 1981.

Opinion Filed December 15, 1981.

Certiorari Denied April 26, 1982.

Attorney(s) appearing for the Case

Robert G. Sugarman, New York City (Amy L. Katz, Weil, Gotshal & Manges, New York City, of counsel), for defendant-appellant.

Jay Topkis, New York City (Bernard Korman, Judith M. Saffer, I. Fred Koenigsberg, Paul, Weiss, Rifkind, Wharton & Garrison, Bernard Korman, New York City, of counsel), for plaintiffs-appellees.

Theodore S. Steingut, Berger, Steingut, Weiner, Fox & Stern, New York City, of counsel, for amicus curiae Nat. Retail Merchants Ass'n.

Before KAUFMAN, TIMBERS and MESKILL, Circuit Judges.

Certiorari Denied April 26, 1982. See 102 S.Ct. 2012.

PER CURIAM:

This is an appeal from a judgment entered upon the order of Judge Lee P. Gagliardi, 516 F.Supp. 923, granting the motion for summary judgment of Sailor Music, Wow and Flutter Music, Quackenbush Music Ltd., WB Music Corporation, Jobete Music Company, Inc., Black Bull Music, Inc., and Gladys Music and finding that The Gap Stores, Inc. had made infringing use...

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